Sex
Discrimination on the grounds of sex is covered by two pieces of law: the Equal Pay Act 1970 and the Sex Discrimination Act 1975.
The Equal Pay Act 1970
The Equal Pay Act 1970 (EPA) prohibits discrimination in pay and terms and conditions between men and women doing equal or like work. The EPA covers indirect as well as direct discrimination.
Examples of equal pay discrimination:
- It is likely to be direct equal pay discrimination if an employer pays a woman less than a man for doing the same or a similar job.
- It is likely to be indirect equal pay discrimination if an employer offers a lower pro-rata pay rate for part-time workers compared to the rate given to full-time workers in the same or a similar job (because it’s generally the case that more women than men work part-time).
The Sex Discrimination Act 1975
The Sex Discrimination Act 1975 (SDA) prohibits discrimination in employment, as well as in education, housing, and the provision of goods, facilities, and services.
The SDA outlaws discrimination on the grounds of sex, gender reassignment, and marriage.
While the Equal Pay Act 1970 prohibits discrimination in pay and terms and conditions, the SDA applies to recruitment, treatment at work, and dismissal.
The SDA covers direct and indirect discrimination, harassment, and victimisation.
Examples of sex discrimination:
- It is likely to be direct sex discrimination if an employer dismisses or refuses to employ a woman because she is, or might be, pregnant.
- It is likely to be indirect sex discrimination if an employer insists that a post must be carried out on a full-time basis and refuses to consider flexible working arrangements (e.g. job share, part-time working, or flexible working hours) since such requirements are likely to bar more women than men from working in, or applying for, the post.
The Government is currently legislating (through the Equality Bill) to extend the scope of the SDA. The Bill places a duty on public authorities to promote equality of opportunity between men and women (the “gender duty”) and prohibits sex discrimination in the exercise of their functions.
For more information, please see the Equal Opportunities Commission website at www.eoc.org.uk.
